Tolman v. Race

Citations

• 36 Ill. 472

Syllabus

<p>1. Boundary lines — when evidence conflicts, verdM must sta/nd. In a ques-of boundary lines of a tract of land, where the evidence is conflicting, the verdict of the jury will not be disturbed.</p> <p>2. Where there are no improper rulings of the court, and not always then, this court will not disturb a verdict in such a case on the facts alone, unless the finding is clearly wrong.</p> <p>3. Such testimony will be weighed by the jury. Conflicting testimony will be weighed by the jury, and unless some gross wrong is perpetrated by them, their verdict will not be set aside.</p> <p>4. Lost corner oe government survey. When the corner of a quarter section, established by the government survey, was readily ascertained by the surveyor who conducted a survey from it, twenty-five years before any controversy arose, and who testified that the fence was on the line it then occupied, at that corner, makes a strong case on which to found a verdict, in favor of the party claiming the corner and the line extended from it.</p>